open up a restaurant. is your restaurant more of a definition of a full service, a self-service? what's your business model? and then based upon their business model will make the determination of what is the permit that they need to apply for. and also the -- this is an accessory use. so if it's a new business just like with the cafe, side walk table and chairs, that business, getting this permit should not be incumbent upon that business being able to open and operate. this is something that can come later. and that will provide a distinct definition of whether a place is wanting to be a place of entertainment or wanting to have limited live performance as an accessory use. >> ok. thank you. ok. now i'd like to hear from the public. we have four speaker cards. i'll call them and then if additional people would like to

address the subject, we welcome that. we ask you to limit your comment to three minutes. the first speaker would be mr. ben fry. i'm sorry? >> good, evening. how are you doing today? thanks for having me. my name is ben fry as you know. i live at 601 minnesota street down in the dog patch district. and we have a big problem with a club called kokomos, loud. 2:00 in the morning, sometimes a little later. the crowd itself, they have a big party planned this sunday the 3rd from 3:00 in the afternoon to 2:00 in the morning. the windows and doors will be open. it will be extremely loud. we would like someone to ranch et them down -- ratcet them down.

because i live across an open parking lot alley where we're no more than 90 feet apart. windows are open. >> ok. mr. fry, actually if you coordinate with this gentleman sitting right over there, i'm sure he'll be more than happy to monitor their sound limb. but today -- this item is to call the item we've just been discussing. >> ok. >> ok. >> thanks a lot. >> we're glad to work with you and resolve your problems. ok. next speaker, is mr. sefano canselato. >> good evening. commissioners. san francisco is a place deemed for live music. and the definition of live music and entertainment for years has been very broad. so there's been a big void. i want to thank the commissioners. i want to thank the small business commission. i want to thank all the authors

who authored -- the supervisors who authored this legislation because now a void can be filled. what it's going to do is make businesses more economically sustainable and encourage people to -- to create jobs for the people who want to sing or play an instrument. i mean, years ago we lost a lot of people when it was a dot com. a lot of people had to leave the city because it was too expensive. i also want to reiterate what supervisor wiener said about inclusion, this was a city of inclusion not exclusion. so i think it needs to be citywide to be able to offer this. i think commissioners micko, roja and benetti made some valid points. 95% of the point things are usually fine.

it's for that 5% that push the envelope. i'm in full support of legislation until 10:00. i think we need to put some safeguards if they're not in place for management of noise when it's 11:00 or 12:00 and maybe some timetables because we're venturing into some new territory. it's hard to go back when somebody has a permit in their hands. but overall, i'd like to see this on a fast track but at the same time make sure those safeguards are in place so we don't have to, you know, we should look at it more closely. thank you very much. >> thank you. mr. fernando salazar. are you going to play the accordion? >> yes. >> it can have overwhelming effects on people. >> what's my limit?

>> i >> i would say that this reminds me of christmas, when i walked down sixth street, certain places allowed me, certain places did not allow me to play. in public areas i was allowed to play. bart station where i was gladly tipped. i've played piano in various bands, i did move away from san francisco and i played a lot in sacramento. i played at the street fair. i played at 26th street club, different night clubs. if i had more film to play, i do and do play christmas carrolls. ♪

that was not traditional music. i grew up in san francisco and i would hear this music once a month. it's part of our culture, of our diversity, of our ethnic backgrounds, our music is part of our culture, our roots are in san francisco. they have to go away to play at different places which i did and i continue to do that. i was more welcome than here in my hometown. i hope there are places i can play here once again. thank you. president newlin: thank you very much. thank you for the music. next speaker, luca, the singing waiter. >> this is getting good.

>> my name is luca, i'm a singing waiter in north beach and -- >> name of the restaurant is -- >> on columbus avenue. i want to support the legislation because that's our culture, you know. and everyone has his own culture and i think it's very important to never give up, you know. and try and make -- feel people like they be in italy or everywhere else in the world. and i'm from naples so in naples we got music in the blood. so we sing everywhere. not just in the shower. and that's why i want to share something with you tonight. president newlin: ok, wonderful. [singing]

president newlin: thank you. vice chair joseph: i'd like you all to note that that was out amplifycation. president newlin: is there anybody else from the public who would like to address this issue? >> public comment at the board of supervisors does not compare to public comment here. president newlin: yes, sir, please come forward. you'll all get a chance. one at a time. >> hello, commissioners. i appreciate getting a chance to address you today and i sincerely apologize for my enthuse yass much on this issue being distracted at the beginning of the meeting.

my field has had some light in what's happening in the western soma area and the sixth street corridor. in regards to frankly this all goes back to planning department mistake in 1989 with the general ban across the board with entertainment permits and this great tragedy to the arts and cultural elements of san francisco. finally having the opportunity to get back into the light and some of these wrongs are going to be righted. and i'm hoping some of the western soma plants certainly have many beneficial changes that will address this. and jim meko has identified, the main challenge with it, i do not believe it adequately addresses our existing entertainment concentrations on 11th and fullsome street. the accessory use permit is similar in many ways to the limited live performance permit that is now passing through with the exception of i do believe we do allow d.j.'s as part of our limited or accessory use there so i'd like

us to consider as this legislation evolves, maybe this is a first step in more community vetting and input. we can find safeways to opening up. as a commitments from the arts community to the description of the city about howe hoping to encourage arts and entertainment in the very challenged sixth street corridor. we're hoping to open a gallery and in many cities and in many years we have had, for example, a d.j. to accompany the wine and cheese and nobody has been hurt and nobody has been annoyed as a result of that. many of these things have never required or many of us have never known could require permits. now as more research has been done and there might be a chance to meet compliance which i think is fantastic. especially in setting these price points is potentially achievable for many of our communities. i'd really like to applaud this permit in its current language. i think there's more community vetting, more ways that it can evolve. certainly more areas i'm hoping we can open it up to. specifically the sixth street

corridor, i know it butts up against the youth and family zone. i imagine there will be a discussion with the office. some can in the affected communities, to find a way for the business community and the families there to come to a mutual way to support a solution there. i believe there are a lot of people in the sma neighborhood that are supportive of this. i would be happy to have one of these next door. there's a lot of people that want this in soma. it is the arts and entertainment capital of san francisco. once you get the permit numbers, we can find that out for sure with that it's really coming back down to trying to lobby the planning department to opening up different areas for this and then the entertainment commission is the body that should be able to vet the community concerns or approvals of these different permits. this is the beginning of a conversation. i appreciate your time tonight. president newlin: thank you. thank you for your comments. next speeber. -- speaker. >> hi. my name is alex wal much. i'm here for the musicians union -- walsh. i'm here for the musician's

union. the musician's union, local six, the union for professional musicians founded in 1885. our goal is to improve the economic status, social position and general welfare of our members. we are affiliated with the american federation of musicians in the united states and canada. in san francisco and the bay area, we represent areas, various regional and metropolitan symphony and opera organizations, major regional theaters, sky walker ranch, recording film scores, and games. celebrity shows that come through our large venues and more. musicians whose livelihoods come from working in the many restaurants, clubs and cafes throughout the city. these are extraordinarily hard timeses for musicians. we hear of orchestras filing for bankruptcy because giving has been drastically cut for the arts. government support is virtually nonexistent and shrinking court and -- corporate and individual give something not giving up

with the cost of doing business. what we don't hear about is the plight of the last cat gore of musicians for whom we advocate. the club musicians on count on the availability of venues to piece together a living. what they give to our community with their music is immeasurerable enriching our lives and culture on a daily basis. in return the vast majority of these musicians live at a subsistence level. what they need is your help for attaining decent wages for the work. the union's hands are tied in this regard since the law requires the band leaders as the employer, not the club or restaurant owner. they need the city to provide incentives for their employment, live music districts, tax breaks for hiring musicians to provide live as owe possed to canned music and mineral restrictions on their ability to find venues in which to play. our union strongly endorses this legislation in support of all musicians in the area. high permit fees and venue restrictions have a way of trickling down to the musicians and adversely affecting their livelihoods and these are burdens that they cannot bear.

we urge you to join us in making san francisco a more musician friendly city where our culture can flourish and both residents and visitors can enjoy the gifts our musicians bring to our lives. president newlin: thank you. >> i left my ukulele at home. my name's michael winger, i'm the president of the recording academy, san francisco chapter. we are responsible for the grammy awards. we are also a membership organization. we represent about 1,600 members here in the bay area and northern california. we strongly support this piece of legislation, we think it's really important to offer opportunities for performing musicians. this is the smallest of small businesses. is a performing musical artist. to be able to give these artists more places to perform is a way that we can give to

some of the more disadvantaged members of our society, a place where they can actually go out and work and earn a living and support themselves and their families. this promotes, this piece of legislation promotes the ability of all types of general rass of music to be heard in ways that they are often neglected and ignored or just simply do not have a venue. this is a piece of legislation that i believe could help both the city of san francisco from a cultural standpoint as well as an economic development standpoint. because as we bring more arts and culture and musical groups and musical performers and artists into the city, it attracts other businesses as well within the creative class which includes technology, biotechnology and all the other businesses that this city is so keen on acquiring and maintaining. so, i would just like to voice our strong support of this legislation and open up music to as many neighborhoods as possible. sounds like a really good idea.

thank you very much. president newlin: thank you for your comments. >> good evening and thank you for taking the time tonight. my name's tom murphyy. i'm co-chair of the advocacy committee of the recording academy and the director of the new musicians resource center, the root here in san francisco. i'd like to remind the committee that san francisco is a very tolerant city, we just celebrated the weekend of accepting people in their diversity and in their own personal choices and what could be a more personal choice than the ability to experience music ? we have spent a lot of time in the city attracting arts into the mid market. we recognize that arts and culture are vital to not just musicians and not just small business owners but to all of the citizens of the city and this legislation is a wonderful opportunity to provide for, as

michael said, some of the greatest entrepreneurs in the city are the musicians trying to make a living with their craft. we support other industries and other entrepreneurs in many other ways in the technology sector. every year thousands of people come to the san francisco music technology conference to learn more about how art and technology are growing and we are in the epee center of all of that. to be able to help facilitate musicians and the rest of the city and small businesses, who all learn to work together to experience that diversity is something that we should all be endorsing and i thank you for proposing this legislation. president newlin: thank you. it's actually supervisors that have proposed it. so thank them. >> mr. president, commissioners, mark greny. i believe this legislation is a very positive first step and i'm happy to see it because it

seems like for the last 20 years we've been going in the opposite direction and i guess when you have a $400 million budget you start to get -- or budget deficit, maybe you start to get serious. that said, i do have two problems with the legislation. one, is the exclusion of soma and western soma and some of the eastern neighborhoods in soma, being excluded from this. we had another speaker, scott had alluded to the tragedy and i was around when it happened. in the late 1980's, mid 1980's they were going to put an entertainment zone on folsom street, ninth street and 11th street and also down toward the first 300 blocks of townsend street. at the last moment the entertainment folks were running their businesses and a bunch of people who lived in the housing came and screamed and carried on and they basically downzoned the entire soma. big problem and mistake that

the time. we've seen how tragic that mistake was. the second one was limiting this legislation only to live music. now, i understand why it is, but my office is downtown next to macy's. what i notice is macy's all the time has d.j.'s, diesel store has d.j.'s, my little neighborhood dry cleaner on seventh has d.j.'s for their kids. this is part of the youth culture. and why don't we tax them? why don't we get some money from macy's that sn they're not going to pay $1,500 but they'll pay $400. also if i'm wrong in this i want you to speak up later, but live music has more of a sound impact on the neighborhood than d.j. music. i've seen it in all my clubs. you get a loud band in there, you can't control them, you can't put a limiter on the sound system, i think knowing a lot of restaurants in the market who just basically run

rogue in the last 10 years and gotten away with it, let's have d.j. music in this legislation. thank you. president newlin: thank you very much. anybody else like to make public comment? seeing none, the matters with the commission and since we've had extensive discussion on it -- hello? we've had extensive discussion on it, i'd at this point entertain a motion if anybody has one. vice chair joseph: i'd like to make a motion. so, san francisco being the moral class city that it is and i who was born in a world class city, new york, and understands the value of entertainment and music and even music in the streets, would like to move that we recommend this ordinance to the board of supervisors without any neighborhood exclusions and put

in my motion that our staff, specifically our executive director, work with supervisor mirkarimi's staff to address any of the concerns that these commissioners -- that the commissioners on our commission may have. president newlin: that's been vocalized tonight. vice chair joseph: that's right. that's my motion. president newlin: all right. any discussion? >> before there is a second, i would just like to point out to commissioner joseph that by no geographic exclusions, is that your language? vice chair joseph: yeah. i think that something that applies for one should apply for all. >> ok, by saying that you are essentially disease respecting the wishes of the western soma -- disrespecting the wishes of the western soma task force and that would make it -- is there other language we could come to that would make it possible for me to vote for this motion?

you know, i think i made it very clear that in general i am supportive of this but in the particular case of western south of market, it's a much more complicated issue and i don't think there's enough time to explain that to this commission. so i would just ask that we take that question off the table and rather than that, support the legislation and ask for our director to prepare a report which outlines the concerns that were expressed by the commissioners as well as the public and say that this commission is supportive of this idea and we hope that the planning commission of the board of supervisors can work out the land use issues which are related to this. vice chair joseph: as much as i would like to accommodate you, as i said, the whole rezoning thing in western soma has been going on forever and i don't

trust that it's going to be passed any time in the near future and to penalize one section -- and to penalize one section -- president newlin: let's go one at a time here. vice chair joseph: to penalize one section of the city waiting for this rezoning to happen is not something that i would want to do. and if we're going to apply this we have to apply it evenly throughout the city. and that is my motion. president newlin: ok. do we have a second? >> second. president newlin: seconded. want to call the roll? commissioner benetti: no. vice chair joseph: aye. president newlin: aye. commissioner meko: no. commissioner perez: aye. commissioner roja: aye. >> that motion passes. president newlin: ok. thank you and thank you for sitting through all this. ok.

and especially the people that were waiting for -- ok. we'll just start. i'll keep moving here if you don't mind. item number five hearing and possible action. nick, you want to take the wheel? >> sure. this is an application for place of entertainment permit. this is a bona fide restaurant and sports bar in the marina neighborhood and the place of entertainment permit would have d.j.'s and bands. we recommend approval of this application. president newlin: ok. is the applicant here? please come forward. welcome. thank you for sitting through all the discussions. >> no, sir, thank you. commissioners, good evening. i am the owner of the republic

sports baron technically our address is 2400 lombard but we do have a scots street address and i'm here before you requesting a place of entertainment permit. i'm here requesting a place of entertainment permit. president newlin: the commissioners have any questions for this gentleman? >> i read through your application. it looks pretty thorough and well recommended by everybody. i have no hesitations. >> i appreciate that, thank you. >> if i could make a quick comment. you may recognize shaw as also the owner of shaw security which is probably why he looks very familiar to many of you. and his company does security at a lot of venues throughout the city so that's probably would explain the thoroughness of the permit and application is because he writes them for other people, too. >> do i have a lot of experience. >> with respect to the proposed conditions that the police set forth here, do you have any

problem with these? >> i don't. the three that i remember were music ends by 1:30, security always present when there is a d.j. or entertainment and lastly that the windows and doors must be shut. those seemed very reasonable. >> adequate lighting inside and out. >> we absolutely have that, yes. >> maintained surveillance cameras. >> yes. all of the requirements that we walked through and those were the three that they gave me initially. everything else was already in place. president newlin: any other questions? >> you can tell us the extent of the community outreach that you do? >> absolutely. i have reached out to our initial neighbors, residents that live directly above us. i've also reached out to the marina merchants association, specifically the board member and i've reached out to patricia, i believe her last

name is haffley. i apologize. who as some of you know, she is the -- basically the mayor of the marina and she not only has no issue with this, she supports it. president newlin: ok. any other questions? seeing none, can i get a motion? >> i move that we approve the application. with the conditions expressed by the police officers. police department. >> i'd like to second it but offer a friendly amendment that we amend condition number nine and add shal provide a monthly calendar events to northern station as well as to the entertainment commission staff. >> fine with me. >> may i ask a question. does that include private events, for example if a

wedding buyout happens? >> the condition exists already, the police say shall provide northern station with a monthly calendar of events. >> no problem. >> ok. and to that i'm just adding and entertainment commission staff. >> no problem. >> it's for you to work that out with the police and staff. >> not a problem. >> just an email. that's all. president newlin: ok. do i have a second? you did a second. ok. call the roll. commissioner roja: aye. commissioner perez: aye. commissioner meko: aye. commissioner benetti: aye. president newlin: aye. >> thank you, commissioners. president newlin: thank you. good luck. ok. and wrapping it up here, folks, we have commissioners comments and questions. seeing none, we'll go to item number eight. new business requests. for future agenda items. seeing none, i officially conclude the tuesday, june 28, meeting of the city and county of san francisco entertainment commission. thank you. thank you, everyone.